HomeMy WebLinkAboutcocc_ordinance_no_18-2024_202408201 ORDINANCE NO. 18-2024
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 110-196 OF THE CITY
5 CODE REGARDING NONCONFORMING LOTS OF RECORD AND
6 SINGLE-FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOR THE
7 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
9 AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, Policy H-1.9.3 of the Cape Canaveral Comprehensive Plan provides that the
16 City shall promote single -family and other low density housing types to balance the many high-
17 density residential developments in the community; and
18
19 WHEREAS, section 110-191(d)(3) of the City Code defines the term "lot of record" to mean
20 a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida,
21 or a parcel of land described by metes and bounds legal description, the description of which has
22 been recorded in the official record books of Brevard County, Florida, and complies with the
23 subdivision of land regulations of the city; and
24
25 WHEREAS, the City's subdivision of land regulations are currently codified in Chapter 98
26 of the City Code, which governs the creation of lots of record for development permit purposes
27 within the City; and
28
29 WHEREAS, section 110-196 currently allows in any zoning district in which single-family
30 dwellings or duplexes are permitted, the erection, expansion, or alteration of a single-family
31 dwelling or duplex on any single lot of record, notwithstanding that such lot fails to meet the
32 requirements for area, width, and/or depth for the applicable zoning district; and
33
34 WHEREAS, the City Council finds that over the course of several decades, there are
35 numerous instances within the City where a certificate of occupancy was issued or authorized by
36 the City for the construction of an existing single-family dwelling or duplex on a parcel of land
37 that was not approved as a developable lot of record in accordance with the subdivision of land
38 regulations of the City; and
39
40 WHEREAS, in furtherance of promoting and maintaining such existing single-family
41 dwellings and duplexes, as well as preserving existing low density residential neighborhoods, the
42 City Council finds that it is in the best interests of the citizens, especially the owners of the
City of Cape Canaveral
Ordinance No. 18-2024
Page 1 of 5
1 aforesaid parcels, to hereby recognize said parcels with an existing single-family dwelling or
2 duplex as a lot of record in compliance with the City Code so the existing single-family dwellings
3 and duplexes can be maintained, altered, expanded or reconstructed in accordance with other
4 applicable requirements in the City Code, otherwise said parcels would technically not be
5 considered developable lots of record or conforming for permitting purposes under the City Code;
6 and
7
8 WHEREAS, for the sake of clarity and legislative intent, the City Council hereby declares
9 that the code amendments adopted by this Ordinance are only intended to apply to existing
10 single-family dwellings and existing duplexes and this Ordinance is not intended to apply or afford
11 any additional development rights to vacant lots or parcels which were not approved as
12 developable lots of record by the City Council pursuant to the City's subdivision regulations; and
13
14 WHEREAS, the City Council recognizes that nonconforming zoning regulations generally
15 favor the elimination of nonconforming structures, but allow nonconforming structures to
16 continue in their present form, provided such structures are not enlarged, expanded, increased,
17 or extended so they are eventually discontinued and replaced with conforming structures over
18 time; and
19
20 WHEREAS, the City Council nevertheless finds that for purposes of promoting and
21 maintaining existing single-family neighborhoods within the City, it is in the best interests of the
22 City to amend and ease the City's nonconforming regulations in the limited case of allowing
23 existing nonconforming single-family structures to be maintained, altered, expanded or
24 reconstructed as provided herein; or modified to add a second story or ground floor addition of
25 habitable space either in compliance with the yard dimensions (minimum lot coverage, minimum
26 living area and maximum height) and setback requirements for the applicable zoning district; or
27 add a second story of habitable space within the existing building footprint of the existing
28 dwelling, notwithstanding the existing dwelling footprint does not conform to the minimum lot
29 coverage, minimum living area and setback requirements; and
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31 WHEREAS, this Ordinance was reviewed and recommended by the City's Planning and
32 Zoning Board at a duly held public meeting; and
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34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
35 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
36 Cape Canaveral.
37
38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
39 ORDAINS, AS FOLLOWS:
40 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
41 this reference as legislative findings and the intent and purpose of the City Council of the City of
City of Cape Canaveral
Ordinance No. 18-2024
Page 2 of 5
1 Cape Canaveral.
2
3 Section 2. Amending Section 110-196 of the City Code. The City of Cape Canaveral
4 Code of Ordinances, Chapter 110 - Zoning, Article V — Nonconformities, Section 110-196 is hereby
5 amended as set forth below (underlined type indicates additions and strikeout[Stricken from the Code] type indicates
6 deletions, while *** indicate deletions from this Ordinance of said Chapter 110 — Zoning which
7 shall remain unchanged in the City Code):
8
9 CHAPTER 110 - ZONING
10
11 ***
12 ARTICLE V. — NONCONFORMITIES
13
14 ***
15
16 Sec. 110-196. Nonconforming Tots of record - Single -Family Dwellings and Duplexes.
17
18 In any zoning district in which single-family dwellings or duplexes are permitted, a single-
19 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or
20 altered on any single lot of record, notwithstanding that such lot fails to meet the requirements
21 for area, width, and/or depth for the applicable zoning district. For new single-family dwellings [adding to the code]
22 and duplexes,[adding to the code] Tthis provision shall only apply where yard dimensions (minimum lot coverage,
23 minimum living area and maximum height)[adding to the code] and setback[adding to the code] requirements other than area, width,
24 and/or depth [Stricken from the code] conform in all other respects with the land development regulations for the
25 applicable zoning district.[adding to the code] Existing one-story single-family dwellings may be expanded and altered
26 to add a second story or ground floor addition of habitable space in conformance with the yard
27 dimensions (minimum lot coverage, minimum living area and maximum height) and setback
28 requirements for the applicable zoning district; or add a second story of habitable space within
29 the existing building footprint of the existing single-family dwelling, notwithstanding the existing
30 dwelling footprint does not conform to the minimum lot coverage, minimum living area and
31 setback requirements. [adding to the code]
32
33 (b) On any developed (non-vacant) parcel of land that does not constitute a lot of record, but
34 upon which an existing single-family dwelling or duplex was issued a certificate of occupancy by
35 the City or County prior to August 20, 2024, said developed parcel of land shall hereby be deemed
36 a single lot of record approved by the City in compliance with the Code. The existing single-family
37 dwelling or duplex can be maintained, altered, expanded or reconstructed on said developed lot
38 of record in accordance with the applicable provisions of subsection (a). This subsection does not
39 apply to vacant parcels of land. [adding to the code]
40
41 ***
City of Cape Canaveral
Ordinance No. 18-2024
Page 3 of 5
1
2 Section 3. Incorporation Into Code. This Ordinance shall be incorporated into the
3 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
4 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
5 and like errors may be corrected and additions, alterations, and omissions, not affecting the
6 construction or meaning of this ordinance and the City Code may be freely made.
7
8 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
13
14 Section 5. Effective Date. This Ordinance shall become effective immediately upon
15 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
16 Charter.
17
18 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day
19 of August, 2024.
20
22
23 Wes Morrison
24
25
26 ATTEST
27
28
29
30 Mia Goforth, CMC
31 City Clerk
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34
35
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37
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39 First Reading: July 16, 2024
40 Advertisement: August 8, 2024
41 Second Reading: August 20, 2024
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For Against
Kim Davis Motion
Mickie Kellum x
Kay Jackson Second
Wes Morrison x
Don Willis x
City of Cape Canaveral
Ordinance No. 18-2024
Page 4 of 5
SEAL OF CAPE CANAVERAL, FLORIDA
1 Approved as to legal form and sufficiency
2 for the ape Canaveral only by:
3
4
5 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 18-2024
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